Sellers v. Commonwealth
Court of Appeals of Kentucky
Case 18 — INDICTMENT APPEAL FROM BRACKEN CRIMINAL COURT. The act of April 11, 1873, upon which this prosecution is based, is unconstitutional (Constitution, sec. 37, art.-2) — -first, because it relates to more than one subject, and, second, because the subject of the act is not expressed in its title. (Broaddus v. Broaddus, 10 Bush, 299.)
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellants having been convicted of unlawfully confederating and banding themselves together for the purpose of intimidating, alarming, and disturbing F. M. Staton, and adjudged to suffer one year’s imprisonment in the penitentiary, have appealed to this court for the reversal of the judgment.
They were convicted under the second section of an act entitled “An act to amend chapter 28 of the Revised Statutes, title ‘ Crimes and Punishments,’ approved April 11, 1873, and . commonly called the ‘ Kuklux Law.’ ”
The act adopting the General Statutes…
2Cases cited2 opinions
- Broaddus's devisees v. Broaddus's heirsCourt of Appeals of Kentucky · 1874
- Grundy v. CommonwealthCourt of Appeals of Kentucky · 1876
3Cited by5 opinions
- Carroll v. CommonwealthCourt of Appeals of Kentucky · 1915
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1917
- Lancaster Hotel Co. v. CommonwealthCourt of Appeals of Kentucky · 1912
- The Rapid TransitDistrict Court, W.D. Tennessee · 1882
- Everheart v. CommonwealthCourt of Appeals of Kentucky · 1885